Mandamus Law
 
IN RE: UNITED STATES OF AMERICA

In September 2003, the defendants were charged in federal district court, by a superceding indictment, with racketeering, 18 U.S.C. § 1962(c) (2000), racketeering conspiracy, id. § 1962(d), conspiracy to murder, id. § 1959(a)(5), and various assaults and firearms offenses. Two defendants were further charged with murder in aid of racketeering. Id. § 1959(a)(1). Shortly thereafter, the governmen... More...   $0 (10-08-2005 - MA)

Efrat Ungar, et al. v. The Palestine Liberation Organization

This appeal raises exceptionally important questions of justiciability and sovereignty, emblematic of unsettled political conditions that have plagued the Middle East for many years. In it, the Palestinian Authority (PA) and the Palestine Liberation Organization (PLO) ask us to countermand the district court's refusal to dismiss the action against them. They contend that the case hinges on a no... More...   $0 (09-14-2005 - RI)

Marie Bowman, et al. v. City of Berkeley

The City of Berkeley and Affordable Housing Associates (AHA; AHA and the City of Berkeley are hereafter referred to collectively and severally as the City) appeal from postjudgment orders awarding Marie Bowman (Bowman) et al. (the Neighbors) a portion of their attorney fees and costs in this mandamus action. The fees and costs in question were incurred in setting aside the City's approval... More...   $17314 (07-22-2005 - CA)

State ex rel. Stacy v. Batavia Local School Distrist Board of Education

{ 1} This is an appeal and cross-appeal from a judgment awarding back pay and benefits in a mandamus action. We affirm in part and reverse in part.

{ 2} From March 1985 through August 21, 1998, appellee and crossappellant Batavia Local School District Board of Education employed appellant and cross-appellee, Dorsie Stacy, as a mechanic, under a continuing contract. During this period,... More...   $0 (07-15-2005 - OH)

Gary Bengston and Annis Bengston v. Delta County and Delta County Zoning & Building Department

Plaintiffs appeal as of right an order granting summary disposition to defendants Delta County and Delta County Zoning and Building Department.1 The basic dispute in this case involves the zoning of plaintiffs' property in Wells Township, located in Delta County. Because the township ordinance zoning the property for commercial use is controlling rather than defendants' county ordinance z... More...   $0 (06-08-2005 - MI)

LAW OFFICES OF WINDLE TURLEY, P.C. v. ROBERT L. FRENCH, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF VELMA RAE FRENCH, DECEASED, ROBERT R. FRENCH, GWENDA DUNN, LINDA GILLILAND, AND ROBIN FRENCH

This is a sanctions case arising out of a lawsuit for attorney fees. The Law Offices of Windle Turley, P.C. sued appellees Robert L. French, individually and on behalf of the estate of Velma Rae French, deceased, Robert R. French, Gwenda Dunn, Linda Gilliland and Robin French to recover attorney fees under contingent fee agreements. At the time this lawsuit was filed, appellant was already liti... More...   $4876 (06-03-2005 - TX)

United Airlines, Inc., and The Official Committee of Unsecured Creditors v. U.S. Bank N.A. and The Bank of New York, etc.

When United Airlines entered bankruptcy in 2002, it operated about 460 airplanes. Some 175 of these had been acquired via financing leases subject to 11 U.S.C. §1110, which provides that to retain leased planes a debtor must pay the whole rent. The statute contains an exception for consensual workouts, see §1110(b), and United's lessors initially agreed to accept less than the contractua... More...   $0 (05-17-2005 - IL)

Andrew Midlock, et al. v. Apple Vacations West, Inc., et al.

William Cremer, the lawyer for all but one of the defendants in this tort suit, appeals from an order fining him $5,000 and directing him to reimburse the plaintiffs $3,285.28 for attorneys' fees. The suit had been filed in a state court in Joliet, Illinois, but Cremer, acting on behalf of one of the defendants whom he represented, removed the case to the federal district court in the Nor... More...   $3285 (04-26-2005 - IL)

George Kibler v. Northern Inyo County Local Hospital District, et al.

Plaintiff George Kibler is a physician affiliated with Northern Inyo County Hospital. Throughout 2001, a troubled relationship existed between him, the hospital, and defendants. Kibler was critical of the hospital and its nursing staff. The hospital accused Kibler of acting violently and aggressively toward hospital employees, including making threats with a gun.

On December 20, 200... More...   $0 (02-09-2005 - CA)

Patricia Delcastillo v. Larry Alfred Norris, Sr.

Plaintiff in this personal injury action appeals after a jury verdict in her favor awarding economic damages of $5,491.22 and noneconomic damages of $1,500.00. Plaintiff argues, among other things, that the trial court erred in compelling a medical examination pursuant to ORCP 44 and in awarding only costs originating prior to defendant's offer of judgment. We affirm.

Plaintiff was i... More...   $6941 (01-26-2005 - OR)

Nasha, L.L.C. v. City of Los Angeles, et al.

Plaintiff and appellant Nasha L.L.C. (Nasha) appeals a judgment denying its petition for writ of mandate (Code Civ. Proc., § 1094.5),1 wherein Nasha sought to overturn an adverse decision by the South Valley Area Planning Commission (Planning Commission).2

The essential issue presented is whether the Planning Commission's decision should be set aside due to an unacceptable probability... More...   $0 (01-02-2005 - CA)

Administrative Committee of the Wal-Mart Associates Health and Welfare Plan v. Melvin Willard

Defendant-Appellant Melvin Willard appeals a judgment in favor of Plaintiff-Appellee Administrative Committee of the Wal-Mart Associates Health and Welfare Plan ("Plan Administrators"). The district court held that the relief sought by the Plan Administrators constituted "appropriate equitable relief" under § 502(a)(3) of More...   $0 (12-28-2004 - KS)

Uniwill, L.P. v. City of Los Angeles

Uniwill L.P. appeals the dismissal of its lawsuit for inverse condemnation after the successful demurrer of defendant City of Los Angeles (the "City") and the subsequent judgment on the pleadings entered in favor of Southern California Edison Company ("Edison"). The trial court ruled that Uniwill's complaint was a challenge to the conditions of a Tract Map which, pursuant to Government Code... More...   $0 (12-02-2004 - CA)

Abe Gupta v. Stanford University, et al.

At an evidentiary hearing before a judicial panel, plaintiff Abe Gupta was found to have violated the Honor Code at Stanford University by copying the work of two other students. Gupta was suspended, placed on probation and ordered to complete community service. An appeals panel affirmed the judicial panel's decision. Gupta brought a civil complaint for damages against Stanford University... More...   $0 (11-24-2004 - CA)

Tri-County Special Education Local Plan Area, et al. v. County of Tuolumne, et al.

This is an appeal from judgment entered after the trial court sustained respondents' demurrer to appellants' complaint; the court denied appellants leave to amend. The case involves the duty to provide mental health services to handicapped students; the appeal involves somewhat novel questions of exhaustion of administrative remedies in the context of disputes between governmental agencies.... More...   $0 (10-27-2004 - CA)

IN RE: ROBERT O. ZIMMERMAN, M.D.

Robert O. Zimmerman, M.D., has filed a petition for writ of mandamus in which he asks us to order the trial court to vacate its February 20, 2004, ruling in which it reconsidered its previous order and granted plaintiffs an extension of time to file an amended expert report. The issue is the adequacy of the medical expert's report pursuant to former Article 4590i. Tex. Rev. Civ. Stat. Ann. art.... More...   $0 (10-15-2004 - TX)

Republican Party of Garland County, Arkansas, and Linda Boyd v. Nancy Johnson, in her Capacity as County Clerk of Garland County, Arkansas, and the Garland County Board of Election Commissioners.

This election case arises out of the attempts by appellant Linda Boyd to qualify as a candidate for Garland County Clerk in the Republican preferential primary held earlier this year. The trial court determined that Boyd failed to file her party certificate and political practices pledge with the county clerk prior to the 12:00 noon filing deadline; therefore, the court denied Boyd's petition for ... More...   $0 (09-23-2004 - AR)

Terry Yancy v. William W. Shatzer

Portland police stopped petitioner Yancy for jaywalking. In the course of that contact, the police searched petitioner and discovered less than an ounce of marijuana. The police then issued petitioner a citation that excluded him from two Portland city parks for a period of 30 days. Petitioner timely appealed to the City of Portland Hearings Officer, which affirmed the exclusion. After the excl... More...   $0 (09-16-2004 - OR)

Lidia Sneed, et al. v. Rita Saenz, as Director, etc., et al.

Plaintiffs Lidia Sneed and Cheryl Bell appeal a judgment in favor of defendants California Department of Social Services and its Director Rita Saenz (together Department) after the court denied Sneed and Bell's petitions for ordinary and administrative mandamus and request for declaratory relief. In those proceedings, Sneed and Bell challenged Department's interpretation and implementatio... More...   $0 (07-28-2004 - CA)

State of Missouri, ex rel. Robert Shaun Yerington, Relator v. Honorable John LePage, Honorable Timothy Perigo, and Peggy Spicer.

This is an original action in mandamus and prohibition by which relator seeks to compel respondent Judge Timothy Perigo to retract his order assigning the case of Yerington v. La-Z-Boy, Inc., Case No. CV300-996CC, Circuit Court of Newton County, Missouri, and to direct respondent Judge John LePage from taking any action in that case. A preliminary order in mandamus and prohibition was entered. ... More...   $0 (07-26-2004 - MO)

Paul G. Marshall, Jr., et al. v. Pasadena Unified School District

Defendant and appellant Pasadena Unified School District, a California public school district (the District), appeals a judgment granting a petition for writ of mandate filed by plaintiffs and respondents Paul G. Marshall, Jr. (Marshall) and PW Construction, Inc. (PW) (collectively, petitioners).

The District awarded a construction contract pursuant to an emergency resolution which en... More...   $0 (06-30-2004 - CA)

Tyrean Owens v. Donald Snyder, et al.

Does a circuit court judge have the authority to sua sponte dismiss a complaint for mandamus before summons is issued to the defendant?

This question has been answered differently by two districts of this court, but is a matter of first impression in the First District. The Fourth District answered affirmatively, finding trial courts have the "inherent authority" to protect their dockets... More...   $0 (06-17-2004 - IL)

Charles H. Hough v. Ashley H. Hough

1 The issue in the present cause is whether the trial court abused its discretion in determining that its order requiring Husband to pay the fees and costs of the special master and the order awarding a judicial lien to special master to secure such payment, were intended to provide support for the wife and thus, non-dischargeable in bankruptcy. We hold that the trial court did not abuse its di... More...   $0 (06-08-2004 - OK)

State of Missouri ex rel. Jeremiah W. (Jay) Nixon, Attorney General v. Honorable Matt Blunt, Secretary of State.

The request of the Attorney General for a writ of mandamus against the Secretary of State is denied at this time, without prejudice. The Secretary of State has a duty to take all necessary actions to properly submit Senate Joint Resolution 29 to the voters of Missouri at the August 3, 2004, election.

BACKGROUND
On March 1, 2004, the Missouri Senate passed Senate Joi... More...
   $0 (06-03-2004 - MO)

In re Phillip G. McCarthey, et al.

This matter arises out a continuing fight over the ownership and control of The Salt Lake Tribune. See Salt Lake Tribune Publ'g Co. v. AT & T Corp., 320 F.3d 1081, 1084-85 (10th Cir. 2003). In response to Petitioners' requests, the presiding judge, United States District Judge Ted Stewart, made various disclosures and repeatedly declined to recuse. Petitioners now seek a writ of mandamus to com... More...   $0 (05-28-2004 - UT)

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